If I rented an apartment from my employer and he gave me a rental subsidy, can he ask for a reimbursement of that amount ifI leave his employment?

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If I rented an apartment from my employer and he gave me a rental subsidy, can he ask for a reimbursement of that amount ifI leave his employment?

Rent apartment owned by employer. While on disability, he offered rent subsidy. Have since moved; still on disability. He now is with holding the amount of the subsidy from my identified employee bonus amount. Can he do this since the rental of the apartment has nothing to do with my job?

Asked on December 21, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So he gave you a reduced rent but what did you have to do in return?  What I mean is that certain types of professions lend themselves to rental subsidies like supers of buildings.  The apartment or reduced rent for the apartment are part of the deal for the job.  Did he reduce your rent out of the goodness of his heart?  Did he include the reduced amount in your W-2 as a form of wages?  Was there an agreement that you would stay at the job and not get a raise but rather keep the subsidy?  There are a few other questions that need to be answered here and I think that you should seek help from an attorney in your area.  Withholding pay is never the best method for settling matters between parties but unless there is more information here we can not figure out how you should proceed.  Good luck.


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